Copyright Law - Eighth Circuit: Is Making Music Available on A Peer-to-Peer Network Copyright Infringement?

Capitol Records, Inc. v.
Thomas-Rasset, 692
F.3d 899 (8th Cir. September 11, 2012).Record companies sued woman who copied
copyrighted music files onto a file-sharing service and made songs available
for others to copy for free.First jury
awarded $222,000.New trial granted
because of jury instruction that “making available” sound recordings violated
Copyright Act regardless of whether there was actual distribution.Second jury awarded $1.9 million.Judge remitted award down to $54,000.Record companies opted for new trial on
damages and got $1.5 million.On appeal,
record companies wanted original $222,000 jury award and a ruling that “making
available” a sound recording on a peer-to-peer network violates the Copyright
Act, regardless of whether anyone downloads it.Defendant challenged constitutionality of award and scope of injunctive
relief against her.Held: $220,000 jury
award for copying with no profit motive constitutional and not shocking to the
conscience.Record companies’ request
for ruling on “making available” right moot, even though district court
enjoined Defendant from such activity because injunctions often encompass
otherwise legal activities by persons who have shown proclivity to disobey the
law and where enjoining only illegal act not capable of monitoring to protect
victim.

Partner in Manhattan law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2015-2016). The New York Law Journal called it "an indispensable guide". Serve on the Board of Directors of the Federal Bar Association, served as Chair of the Circuit Vice Presidents, Vice President for the Second Circuit and General Counsel. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014).
Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.

About Me

Partner in Manhattan law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2015-2016). The New York Law Journal called it "an indispensable guide". Serve on the Board of Directors of the Federal Bar Association, served as Chair of the Circuit Vice Presidents, Vice President for the Second Circuit and General Counsel. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014).
Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.